160 F.2d 130 | 10th Cir. | 1947
James S. Matthews
Matthews was 64 years of age; he had a life expectancy of 11.67 years; and from wages as a farm laborer and from chickens and cows which he raised, he had an income of approximately $2,400 per year. The trial court first found the damages to be $28,008. It later reduced the amount, first, to $20,000, and finally to $15,000.
Counsel for Snowden and Luten assert that Matthews was guilty of contributory negligence as a matter of law. The evidence warrants the conclusion that Matthews entered the intersection first and that he was traveling at a reasonable rate of speed. Under the laws of Oklahoma, he had the right-of-way (see 69 O.S. 1941 § 583); and he had the right to assume that Snowden, the driver of the truck, would accord him the right-of-way and would drive on the right side of the road.
Finally, we do not think we are warranted in reducing the amount of the judgment on the ground that the award was excessive. It is not enough for us to say that on the facts we would have awarded a smaller amount of damages. It cannot be said that the award is not supported by the evidence, or that it is so excessive as to shock the conscience and to raise an irresistible inference that it was the result of passion, prejudice, corruption, or other improper cause.
The judgment is affirmed.
Hereinafter referred to as Matthews.
Luten owned the truck. Snowden was Luten’s employee.
Oklahoma Natural Gas Co. v. McKee, 10 Cir., 121 F.2d 583; Skaggs v. Gypsy Oil Co., 169 Okl. 209, 36 P.2d 865; Stroud v. Tompkins, 193 Okl. 483, 145 P.2d 396.
Snipes v. Southern R. Co., 4 Cir., 166 F. 1, 5; Nielsen v. Richman, 8 Cir., 114 F.2d 343, 345; Binding-Stevens Seed Co. v. Petris, 180 Okl. 95, 67 P.2d 956; Ellis v. Union Pacific R. R. Co., 67 S.Ct 598.
Hale-Halsell Co. v. Webb, 184 Okl. 589, 89 P.2d 273, 274; Ponca City v. Swayne, 174 Okl. 576, 50 P.2d 1082, 1085; Beatrice Creamery Co. v. Bagley, 173 Okl. 888, 47 P.2d 87, 88; Oklahoma Gas & Electric Co. v. Oliphant, 172 Okl. 635, 45 P.2d 1077, 1083; United Transports, Inc., v. Jett, 193 Okl. 399, 144 P. 2d 110, 111.